Durable Power Of Attorney & Last Will & Testament

A change to a Will (if you do not need an entirely new Will) is called a Codicil.  It must be witnessed and notarized with the same formality as a Will and should state that apart from the changes it restates the current Will.  To make sure that it is drafted and executed correctly, see an estate planning attorney. The Texas state legislature has created a statutory Durable Power of Attorney that anyone can download from the internet.  However, it both gives your agent too much power (such as trading commodities and options with your money) and too little power (such as hiring home health aides and others to help you, forwarding your mail, submitting your tax returns, applying for Medicaid, handling mineral rights, etc. etc.) and does not include the legal obligation to report, etc.  Elder law attorneys tend to produce Durable Powers of Attorney crafted for your individual circumstances and needs.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org) You may find that having a lawyer draw up a codicil and Durable Power of Attorney costs less than you imagine.  It is certainly preferrabl to handwriting these without any legal training and later learning (or having your family learn) that they are not worth the paper they are written on.